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HomeMy WebLinkAboutBanzuelo/ Rierson, Inc. - 1985-08-20CONSULTANT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND BANZUELO/RIERSON, INC.FOR THE PREPARATION OF PLANS FOR THE RECONSTRUCTION OF FACILITIES ON THE MUNICIPAL PIER THIS AGREEMENT, made and entered into this .210 7z day of 19 85 , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and BANZUELO/RIERSON, INC., a California Corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of an engineering consultant to prepare preliminary plans and working drawings for the reconstruction of a restroom facility and electric utiltity housing structure on the Huntington Beach Municipal Pier; and CONSULTANT has been selected to perform said services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. WORK STATEMENT CONSULTANT shall provide all engineering services as described in the Request for Proposal and Statement of Qualifications (hereinafter referred to as Exhibit "A"), which is incorporated into this Agreement by this reference. Said services shall sometimes hereinafter be referred to as "PROJECT." 1. CONSULTANT hereby designates Duane Duff who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the prosecution of this Agreement. 3. TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of the CONSULTANT are to commence as soon as practicable after the execution of this Agreement and all tasks specified in Exhibit "A" shall be completed no later than three (3) months from the date of this Agreement, with an additional one (1) month for all revisions. These times may be extended with the written permission of the CITY. The time for performance of the tasks identified in Exhibit "A" are generally to be as shown in the Scope of Services on the Work Program/Project Schedule. This schedule may be amended to benefit the PROJECT if mutually agreed by the CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the engineering services described in Section 1 above, CITY agrees to pay CONSULTANT a fee of not more than fifteen thousand dollars ( $15, 000.00) . 2. 5. EXTRA WORK In the event of authorization, in writing by the CITY, of changes from the work described in Exhibit "A", or for other written permission authorizing additional work not contemplated herein, additional compensation shall be allowed for such Extra Work, so long as the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT A. CONSULTANT shall be entitled to progress payments toward the fixed fee set forth in Section 4 herein in accordance with the progress and payment schedules set forth in Exhibit A". B. Delivery of work product: A copy of every technical memo and report prepared by CONSULTANT shall be submitted to the CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. Any such product which has not been formally accepted or rejected by CITY shall be deemed accepted. C. The CONSULTANT shall submit to the CITY an invoice for each progress payment due. Such invoice shall: 1) Reference this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) Include a certification by a principal member of the CONSULTANT'S firm that the work has been performed in accordance with the provisions of this Agreement; and 3. 5) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall promptly approve the invoice, in which event payment shall be made within thirty (30) days' of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If the CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval, within seven (7) calendar days of receipt of the invoice, and the schedule of performance set forth in Exhibit "A" shall be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement is terminated pursuant to Section 12 hereof. D. Any billings for extra work or additional services authorized by the CITY shall be invoiced separately to the CITY. Such invoice shall contain all of the information required under paragraph 6C, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between W the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that all materials prepared hereunder, including all original drawings, designs, reports, both field and office notes, calculations, maps and other documents, shall be turned over to CITY upon termination of this Agreement or upon PROJECT completion, whichever shall occur first. In the event this Agreement is terminated, said materials may be used by CITY in the completion of PROJECT or as it otherwise sees fit. Title to said materials shall pass to the CITY upon payment of fees determined to be earned by CONSULTANT to the point of termination or completion of the PROJECT, whichever is applicable. CONSULTANT shall be entitled to retain copies of all data prepared hereunder. 8. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONSULTANT hereby agrees to defend, indemnify and hold harmless CITY, its officers, agents and employees, from and against any and all liability, damages, costs, losses, claims and expenses, however caused, resulting directly or indirectly from or connected with CONSULTANT'S performance of this Agreement (including, but not limited to such liability, costs, damage, loss, claim, or expense arising from the death or injury to an agent or employee of CONSULTANT, subcontractor, if any, or 5. CITY, or damage to the property of CONSULTANT, subcontractor, if any, or CITY, or the property of any agent or employee of CONSULTANT, subcontractor, if any, or CITY), regardless of the passive or active negligence of CITY, except where such liability, damages, costs, losses, claims or expenses are caused by the sole negligence or willful misconduct of CITY or any of its agents or employees including negligent omissions or commissions of CITY, its agents or employees, in connection with the general supervision or direction of the work to be performed hereunder. 9. WORKERS' COMPENSATION CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar state or federal acts or laws applicable; and shall indemnify, defend and hold harmless CITY from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against CITY, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by CONSULTANT under this Agreement. 6. 10. INSURANCE In addition to the Workers' Compensation Insurance and CONSULTANT'S covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY the following insurance policies covering the PROJECT: A. General Liability Insurance. A policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury or property damage of $1,000,000 per occurrence. Said policy shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONSULTANT'S insurance shall be primary. B. Errors and Omissions Insurance. CONSULTANT shall acquire an errors and omissions insurance policy covering the work performed by it hereunder. Said policy shall provide coverage for CONSULTANT'S errors and omissions in an amount of not less than $250,000. Certificates of Insurance for said policies shall be approved in writing by the City Attorney prior to the 7. commencement of any work hereunder. All Certificates of Insurance (and the policies of insurance or endorsements thereof) shall provide that any such Certificates and policies shall not be cancelled or modified without thirty (30) days' prior written notice to CITY. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor. CONSULTANT shall secure at its expense, and be responsible for any and all payments of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT'S services hereunder at any time with or without cause, and whether or not PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing through the City Engineer, notice of which shall be delivered to CONSULTANT as provided in Section 16 herein. 13. ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by CONSULTANT to any other person or entity without the consent of CITY. 14. COPYRIGHTS/PATENTS CONSULTANT shall not apply for a patent or copyright on any item or material produced as a result of this Agreement, as set forth in 41 CFR 1-9.1. 15. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. In accordance with California Government Code Sections 1090 et seq., but subject to the exceptions therein set forth, no CITY official or employee shall be financially interested in nor derive any financial benefit, either directly or indirectly, from this Agreement. 16. NOTICES Any notices or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONSULTANT'S agent (as designated in Section 1 hereinabove) or to CITY'S Director of Public Works as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Services, addressed as follows: 9. TO CITY: TO CONSULTANT: Mr. Paul Cook BANZUELO/RIERSON, INC. Director of Public Works 301 N. Rampart Street City of Huntington Beach Orange, California 92668-1801 2000 Main Street Huntington Beach, CA 92648 17. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONSULTANT: To u to Vice President ATTEST: 00 City Clerk / REVIEWED AND APPROVED: wity Administrator ft :ff 0647L/7/2/85 CITY OF HUNTINGTON BEACH, A municipal corporation APPROVED AS TO FO ity Atorney INITIATED AND APPROVED: Director of P ks lo. 10 .0 Z �'f I KN TO : City of Huntington Beach lip:.. & Itrn. Office . () I I. X 190 I luntinrtun licach, CA 92648 Li C. tMA%5 I to IT ' CERTIFICATE OF INSURANCE TO CITY OF HUNTINGTON BEACH, CALIFORNIA A MUNICIPAL CORPORATION Approved as to Form: Gall Hutton, City Attorney BY: This is to certify that the policies of insurance as described below have been issued to the insured by the undersigned and are in force at this time. If these policies are cancelled or changed in such a manner that will affect this certificate, the insurance company agrees to give 3_ Odays prior written notice, by mail, to City of Huntington Beach, P. O. Box 711, Huntington Beach, California 92648. ALL ITEMS MUST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY ATTORNEY. Name of Insured Banzuelo/Rierson, Inc. Address of Insured 301 N. Rampart St., Suite F, Orange, CA 92668 Location of Work or Operations to be performed Description of Work or Operations LIMITS OF LIABILITY NAME OF COMPANY Effective Expiration I POLICIES IN FORCE POLICY NO. In Thousands food) (IN$.) GENERAL LIABILITY (XI COMPREHENSIVE FORM [� PREMISES — OPERATIONS 80 795 1A 70127184 10127185 S 1,000,000 CSL Design Professionals Insurance Company Each Occurence Do EXPLOSION AND COLLAPSE HAZARD r4 UNDERGROUND HAZARD ( PRODUCTS COMPLETED OPERATIONS HAZARD CONTRACTUAL INSURANCE (X BROAD FORM PROPERTY DAMAGE (xJ INDEPENDENT CONTRACTORS 00 PERSONAL INJURY AUTOMOBILE LIAWLiTY ) Do COMPREHENSIVE FORM M ^' OWNED E3E073098- 00 716185 716186 s 7,000,000 al Kemper Group Each Occurance (A HIRED (x) NON -OWNED EXCESS LIABILITY () UMBRELLA FORM $ [ ) OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION and 3CW743776t 917184 917185 7,000,000 American Motorists EMPLOYERS' LIABILITY 01 Insurance Company Additional Insured Endorsement: The insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups, committees, commissions, boards and any other City Council appointed body, and/or elective and appointive officers, servants or employees of the City of Huntington Beach, when acting as such are additional insureds hereunder, for the acts of the insured, and such insurance shall be primary to any insurance of the City of Huntington Beach, as their interest may appear. as respects to General Liability only. ogre --_— - _August 19- 1985 INSURANCE COMPANY Name Address City AU I HUMIZE0 REPRESENTAt444-F OF INSU5VkNCi'lVQPANY BY 1 Address R. D. Crowell Insurance Agency CITY 315 7 Airway Ave., B3, Costa Meso, CA 92621 Telephone (714) 557-5234 HOLD HARMLESS AGREEMENT (to be executed by insured) The insured agrees to protect, indemnify, save, and hold harmless the City of Huntington Beach its officers, and employees against any liability, loss, damage, cost, or expense by reason of any and all liability, suits, claims, demands, judgments and causes of setion caused by insured, or his employees, arising out of the negligent performance of all or oqyAporations or activity for which this certificate of insurance is furnished. •(1) Sole Proprietorship (2) Partnership V (3) C tion (4) Other tote) MOLD HARMLESS SIGNED: By Insured: Title (All names shell be printed or typed below each signature.) By Insured: Title If Corporation, TWO Officers must sign, or present evidence of authorization to bind Corporation. CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK August 20, 1985 Banzuelo/Rierson, Inc. 301 N. Rampart Street Orange, California 92668-1801 CALIFORNIA 92648 The City Council of the City of Huntington Beach at its regular meeting held August 19, 1985 approved an agreement with your firm to prepare plans, specifications and cost estimates for the recon- struction of the restroom facility and electric utility housing structures on the City's municipal pier in a sum not to exceed $15,000. Enclosed is an executed copy of said agreement along with a copy of the insurance certificate which you had provided. Alicic M. Wentworth City Clerk AMW:bt Enclosure CC: Paul Cook, Director of Public Works (Telephone: 714-536-5227 ) t REQUES . FOR CITY COUNCIWCTION 7��, r/ps /?.e.vez 4om July 5, 1985 �4r& dvt .{c amour,f O,' /MS uwM+c�Date 1r4 Submitted to: Honorable Mayor and City CobnnWr S Submitted by: Charles Thompson, City Administrator Prepared by: Paul E. Cook, Director of Public WorkAE,)-- Subject: Municipal Pier Restroom Replacement Project; ,3,'PROVED BY CITY COUNCIL as I9gs. CITY CLERK Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: 7CC Statement of Issue; v Proposals were requested from qualified architects to prepare plans, specifications and cost estimates for the reconstruction of the restroan facility and electric utility housing structures on the City's Municipal Pier. Recamiezdations : 1. Approve the selection of Banzuelo/R.ierson, Incorporated to prepare plans, speci- ficationstapd cost estimates for the reconstruction of the restroan facility and electric utility housing structure on the City's Municipal Pier. 2. Authorize the Mayor and the City Clerk to execute the attached consultant agree- ment with Banzuelo/Rierson for a fee, not to exceed the sum of $15,000. Analysis The existing restroan facility and electric utility housing structure on the Municipal Pier are structurally unsound and beyond repair. Although both buildings are now in use, they should be demolished and replaced. Staff has reviewed the various replace- ment alternatives and concurs that a single structure should house both facilities. In conjunction with this concept, Staff requested proposals from qualified archi- tectual firms for the preparation of preliminary plans and working drawings for the reconstruction of a restroon facility and electric utility housing structure. On June 28, 1985, the City received two proposals and two rejections to submit a proposal. Staff has reviewed the two proposals and recommends that the firm of Banzuelo/Rierson be retained as the consultant for this project and that the Mayor and the City Clerk be authorized to execute the attached consultant agreement with Banzuelo/Rierson for a fee, not to exceed the sum of $15,000. Funding Source: On February 25, 1985, the City Council approved the appropriation of $108,000 to design and construct this project. Alternative Action: Deny approvals of consultant agreement and direct Staff on how to proceed with design of the project. Attachment: Consultant Agreement PEC:DRN:lw PIO 4/84